In California, employers must pay earned bonuses to laid-off employees, as bonuses are considered wages under California law, and it's illegal to withhold them. Here's a more detailed explanation: Bonuses are considered wages: Under California law, earned bonuses are treated as wages, meaning employers must pay them out along with other final wages upon termination or resignation. Payment timeframe: Employers must pay all final wages, including earned bonuses, within 72 hours of the employee's last day of work, or on the last day of employment if the employee gives at least 72 hours' notice before quitting. Discretionary vs. Non-discretionary bonuses: While employers are not obligated to pay discretionary bonuses, they must pay non-discretionary bonuses that are based on objective criteria or a stated reason. What to do if your employer refuses to pay: If your employer refuses to pay an earned bonus, you can file a wage claim with the California Labor Commissioner's Office. Employer policies: Some employer policies may state that a bonus is not earned unless the employee is still employed at the time it is distributed. If remaining employed for a certain time is a requirement to earn the bonus, then the employer may withhold it if you fail to complete that requirement.
of course not. you likely can kiss your bonus goodbye.
Here's a more detailed explanation: Bonuses are considered wages: Under California law, earned bonuses are treated as wages, meaning employers must pay them out along with other final wages upon termination or resignation. Payment timeframe: Employers must pay all final wages, including earned bonuses, within 72 hours of the employee's last day of work, or on the last day of employment if the employee gives at least 72 hours' notice before quitting. Discretionary vs. Non-discretionary bonuses: While employers are not obligated to pay discretionary bonuses, they must pay non-discretionary bonuses that are based on objective criteria or a stated reason. What to do if your employer refuses to pay: If your employer refuses to pay an earned bonus, you can file a wage claim with the California Labor Commissioner's Office. Employer policies: Some employer policies may state that a bonus is not earned unless the employee is still employed at the time it is distributed. If remaining employed for a certain time is a requirement to earn the bonus, then the employer may withhold it if you fail to complete that requirement.